IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S).14672 OF 2024 (ARISING OUT OF S.L.P (CIVIL) NO(S).11815/2023)
KIDDE INDIA LTD. APPELLANT(S)
VERSUS
NATIONAL THERMAL POWER CORPN. LTD. RESPONDENT(S)
O R D E R
1. Leave granted.
2. This is a case where the provisions of the Indian Arbitration
Act, 1940 (for short, “the 1940 Act”) are applicable. An award was
made on 9th December, 2008 by the Arbitral Tribunal. The objections
were raised under Section 30 of the 1940 Act. The learned Single
Judge came to a conclusion that there was a delay in making
reference to the Arbitral Tribunal and on that ground, the learned
Single Judge proceeded to set aside the award.
3. An appeal was preferred by the appellant before the Division
Bench of the High Court. By the impugned judgment dated 7th
February, 2023, the appeal was dismissed. The Division Bench held
that the claim raised by the appellant before the Arbitral Tribunal
was ex facie barred by limitation. However, the Division Bench
disagreed with the finding of the learned Single Judge that the
reference to the Arbitral Tribunal was time barred.
4. After having heard the learned senior counsel appearing for
the parties, we find that the learned Single Judge, who was dealing
with the petitions under Sections 30/33 of the 1940 Act, had not
specifically answered the question...